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Deal Risk

How do I assess IP ownership, open-source usage, and licensing risks in the target’s technology?

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Intellectual-property risk in a target is the danger that the technology and brands underpinning its value are not cleanly owned, are encumbered by problematic licences, or carry open-source obligations that compromise proprietary code.

If key IP was never properly assigned, was built on incompatible open-source licences, or depends on third-party rights, the asset the buyer is paying for may be defective. Boards care because in technology-led deals, the IP is the value.

This research note explains how IP and licensing risk present in your chosen jurisdiction and industry, and a framework for ownership, open-source and licensing diligence. It covers scenarios of defective title and infringement, the warning indicators, realistic impact ranges, and mitigation.

It also sets out when to engage IP counsel and technical advisers. It is research, not legal advice.

Reference material for informed readers, not advice.

What's included

  • What this risk looks like in practice
  • Legal and regulatory framework in your country
  • Industry-specific risk profile for your industry
  • Real-world scenarios
  • Early warning indicators
  • Impact analysis
  • Comparative risk context
  • Mitigation and control strategies
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Risk question

How do I assess IP ownership, open-source usage, and licensing risks in the target’s technology

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Research, not advice. Consult a qualified professional before acting on anything in this report.

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